[Bob K]

Originally Posted by Tampa Tuning

THere is NO PROVISION in the statute for a search warrant or a mandatory blood draw, on a non-crash, no injury basic DUI.
The implied consent is present; however, if you refuse, the administrative action is loss of license.
the "criminal" section of the refusal is redundant with the administrative actions.
The guidelines are black and white. No gray areas in this one.

Exactly. That's why you have a judge signing a warrant for a search if the PC is presented. They are simply presenting evidence of a crime to a judge and getting a warrant to search. No differance if a house, car, or business is being used to store evidence of a crime. Present PC to a judge and get a search warrant. Its the same thing they do for a felony DUI, but applying it to a misdemeanor statue.

It is kind of funny because the state is fighting themself saying administratively if you dont submit to testing, we are going to suspend your license to drive. Then the state is saying if you dont submit to testing, criminally we are going to search you, and if the evidence is presented a court order is issued, the search will move forward.

Take away the human body aspect out of it and its just another search warrant.

I need help Phil cause this is going over my head. How can a judge legitimately issue a warrant if there's not an accident? You're seeing something I don't. Maybe senility is setting in.